Deepak Nitrite Ltd v. State Of Gujarat & Ors
Appeal (civil) 1521 of 2001
These appeals arise out of a series of orders made by the High Court of Gujarat. A petition was filed before the High Court in public interest alleging large scale pollution caused by industries located in the Gujarat Industrial Development Corporation (GIDC) Industrial Estate at Nandesari. It is alleged that effluents discharged by the said industries into the effluent treatment project had exceeded certain parameters fixed by the Gujarat Pollution Control Board (GPCB) thereby causing damage to the environment.
They held that a broad conclusion in this regard by the High Court would be sufficient. Therefore, directing the High Court to re-examine this aspect of the matter as to whether there is degradation of environment and as a result thereof any damage is caused to any victim, and what norms should be adopted in the matter of awarding compensation in that regard. In this process they held that it is open to the High Court to consider whether 1% of the turnover itself would be an appropriate formula or not as applicable to the present cases.